DHARMENDRA KUMAR MISHRA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2938/2025 · 2025-04-16
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132041 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132041 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21445 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2938 of 2025 Applicant :- Dharmendra Kumar Mishra And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shailendra Pathak,Neelima Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicants and learned A.G.A. The present application has been filed challenging the order dated 20.3.2025 passed by the Additional Sessions Judge - VII / Special Judge (NDPS Act), Raebareli affirming the order dated 14.7.2023 passed by the Chief Judicial Magistrate rejecting the discharge application filed by the applicants under Section 239 Cr.P.C. The relevant facts of the case are that at the instance of opposite party no. 2, Case Crime No. 0021 of 2020 under Sections 147, 504, 506, 406 IPC was registered against the applicants. The applicant no. 4 is the daughter-in-law of opposite party no. 2. It has been alleged in the First Information Report that the applicant no. 4 took away all jewelries which belonged to her in-laws, i.e., the family of opposite party no. 2 and also certain other jewelries given by the wife of opposite party no. 2 to her maternal home. In the aforesaid case, after investigation the police has submitted a charge-sheet in which the applicants have been summoned. The applicants filed a discharge application which was rejected by order dated 14.7.2023 passed by the Chief Judicial Magistrate, Raibareli and Criminal Revision No. 290 of 2023 filed against the order dated 14.7.2023 has been dismissed by order dated 20.3.2025 passed by the Revisional Court. A perusal of the records annexed with the affidavit shows that the informant has supported his case in his statement recorded under Section 161 Cr.P.C. and the case of opposite party no. 2 is also supported by the statements of the son, wife and neighbours of opposite party no. 2. The veracity of the aforesaid statements and their truthfulness is not to be considered while deciding an application filed under Section 239 Cr.P.C.
In view of the aforesaid, the order dated 14.7.2023 passed by the Chief Judicial Magistrate, Raebareli and the order dated 20.3.2025 passed by the revisional court are according to law and require no interference under Section 482 Cr.P.C. The present application filed under Section 482 Cr.P.C. is dismissed.
Order Date :- 16.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench